[Zoning Regs. §25.010; Ord. No. 1014 §3, 6-12-1998]
A.
The
Board of Aldermen may from time to time on its own motion or on a
written application by an interested person or organization or the
City (after due public notice and hearing as described below) amend,
change, modify or repeal regulations and restrictions as established
herein and may change, restrict or extend the boundaries of the various
districts established herein, including the Zoning Map and accompanying
height, yard and area exceptions and permitted use tables.
B.
Provided
that in all amendatory orders adopted under the authority of this
Section, due allowance shall be made for:
[Zoning Regs. §25.020; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1107 §3, 7-16-1999]
A.
An
application for amendment shall be obtained from the City Clerk. Said
application shall be completed in its entirety and filed with the
City Clerk accompanied by the following fee:
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"A-1"
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Agricultural District
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$100.00 + $5.00 per lot
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"R-1"
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Single-Family Dwelling District
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$150.00 + $10.00 per lot
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"RCD"
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Residential Conservation District
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$175.00 + $10.00 per lot
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"R-2"
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Two-Family Dwelling District
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$200.00 + $10.00 per lot
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"R-3"
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Multi-Family Residential District with Between Three and Eight
Units
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$250.00 + $10.00 per lot
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"R-4"
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Multi-Family Residential District with Greater than Eight Units
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$300.00 + $10.00 per lot
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"C-1"
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Central Business District
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$325.00 + $10.00 per lot
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"CCD"
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Commercial Conservation District
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$350.00 + $10.00 per lot
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"C-2"
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General Commercial District
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$375.00 + $10.00 per lot
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"M-1"
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Light Industrial District
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$400.00 + $10.00 per lot
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"M-2"
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General Industrial District
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$425.00 + $10.00 per lot
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B.
An
application for amendment shall contain:
1.
The proposed language of the zoning ordinance to be inserted, and
2.
A legal description and map of the property affected, if affecting
a change in the Zoning Map, together with a complete legal description
of any zoning districts changed (i.e., a legal description of the
zoning district as it would be constituted if the zoning amendment
were granted and a legal description of the zoning district from which
the land was taken as the same would exist if the amendment was granted;
together with such other information as the Board of Aldermen shall
require), and
3.
The names and addresses of all property owners of the frontage within
two hundred (200) feet of the boundaries of the tract proposed to
be changed.
[Zoning Regs. §25.030; Ord. No. 1014 §3, 6-12-1998]
A.
Action By The Planning Commission.
1.
The application for amendment shall be filed with the City zoning enforcement person together with proof of the mailing of the notices required in Subsection (A)(4) below.
2.
All applications shall be set for at least one (1) public hearing
on such application with the Planning Commission at which parties
of interest and citizens shall have an opportunity to be heard.
3.
The time and place for the public hearing on each application held
in front of the Planning Commission shall be established by the Planning
Commission.
4.
At least fifteen (15) days' notice of the date, time and place of
such hearing and shall contain a statement regarding the proposed
change in regulations or restrictions or the zoning classification
or zoning district boundaries of the property shall be published in
an official newspaper or a newspaper of general circulation within
the City of Platte City.
5.
If the proposed amendment will affect the zoning classification of
a specific property, the applicant shall mail a written notice of
the public hearing thereon, return receipt requested, containing the
same information as the published notice thereof, to the owner or
owners of the property affected and to the owners of all property
within two hundred (200) feet of the boundaries thereof at least fifteen
(15) days prior to the date of such hearing.
6.
The Planning Commission may give such additional notice to other
persons as it may from time to time provide by its rules.
7.
Prior to the date of the public hearing, the applicant shall prepare
a list of those owners acknowledging the receipt of the notice of
the public hearing and submit said list to the Secretary of the Planning
Commission.
8.
The hearing of the Planning Commission shall be conducted and a record
of such proceedings shall be preserved in such a manner as the Planning
Commission shall, by rule, prescribe from time to time.
9.
Any interested person or party may appear and be heard at the hearing
in person, by agent or by attorney.
10.
Prior to the hearing, the Planning Commission may request a report
on any proposed amendment from any governmental official or agency
or any other person, firm or corporation. If such a report is made,
a copy thereof shall be made available to the applicant and any other
interested persons and shall be available for review in the offices
of the Planning Commission at least three (3) days before the date
set for the public hearing.
11.
Upon the conclusion of the public hearing, the Planning Commission
shall prepare and adopt its recommendations and shall submit the same,
together with a record of a hearing thereon, to the Governing Body.
Said recommendation may be for approval, disapproval or approval in
part and shall contain reasons for such recommendation.
12.
When a proposed amendment would result in a change in the text of
these regulations but would not result in a change of the zoning classification
of any specific property, the recommendation of the Planning Commission
shall contain a statement as to the nature and affect of such proposed
amendment and determinations as to the following items:
a.
Whether such change is consistent with the intent and purpose of
these regulations;
b.
The areas which are most likely to be directly affected by such change
and what way they will be affected;
c.
Whether the proposed amendment is made necessary because of changed
or changing conditions in the areas and zoning districts affected
or in the area of jurisdiction of such changed or changing conditions.
13.
Such recommendation shall be submitted to the Board of Aldermen of
Platte City, Missouri.
B.
Action By The Board Of Aldermen.
1.
Upon receipt of the recommendation of the Planning Commission and
any protest petitions that have been submitted, the Board of Aldermen
shall consider the application and may approve the recommendations
of the Planning Commission or take whatever action it deems necessary.
2.
If a proposed amendment is not acted upon finally by the Board of
Aldermen within one hundred twenty (120) days after the recommendation
of the Planning Commission, such proposed amendment shall be deemed
to have been defeated and denied, unless the applicant for such amendment
shall have consented to an extension of such period of time. If a
proposed amendment is defeated, either by vote of the Board of Aldermen
or by reason of the operation of this Section, such amendment shall
not thereafter be passed without a further public hearing and notice
thereof as provided in this Chapter.
3.
If a written protest against a proposed amendment is filed in the
office of the City Clerk within seven (7) days after the date of the
conclusion of the hearing on a proposed amendment, duly signed and
acknowledged by the owners of thirty percent (30%) or more of the
property proposed to be rezoned or by the owners of thirty percent
(30%) or more of the total area, exclusive of streets and alleys,
which is located within two hundred (200) feet of the boundaries of
the property proposed to be rezoned, then such proposed amendment
shall not be passed except by a two-thirds (⅔) vote of the
Board of Aldermen.
4.
If the Board of Aldermen approves an application, it shall adopt
an ordinance to that effect and shall order the official Zoning Map
to be changed to reflect such amendment and shall amend the section
of the ordinance incorporating the same and shall reincorporate such
map as amended.
